Application Exemptions
Note: If any works to trees are carried out under the following exemptions, the burden of proof rests with you. If the tree is in a dangerous condition and the tree requires removal as an emergency, it would be appropriate to secure evidence of the danger (i.e. a photograph of the tree) prior to commencement of the work. The photograph may then be presented to the council’s tree officer on request.
There are a number of exemptions from the normal requirement to obtain consent from the council for works on protected trees. The guidance below provides details of specific exemptions as detailed under the Town and Country Planning Act 1990 and the Town and Country Planning (Trees) Regulations1999. Tree Preservation Orders made under Regulations prior to 1999 may differ and it will be necessary to seek further advice from the Council’s Arboricultural Officers for advice on the particular provisions of the TPO in question.
Dead, dying and dangerous trees
The council's consent is not required for any protected tree that is dead, dying or dangerous. Anyone proposing to cut down a tree under this exemption is advised to give the council five day’s notice before carrying out the work, except in an emergency. If you are unsure as to whether the tree falls within the exemption is advised to seek clarification from the Council’s tree officer.
The removal of deadwood and broken branches (including hung up branches) is also included within this exemption.
Planning permission
The council's consent is not required for carrying out works to protected trees if required to implement a full planning permission.
Nuisance
The council's consent is not required for carrying out work on protected trees to prevent or abate a nuisance. The term “nuisance” is in the legal sense only.
Where anyone intends to carry out works to trees under this exemption, it is strongly advised that they seek further advice from the Council’s tree officer.
Statutory obligations
The council's consent is not required for carrying out works to protected trees in compliance with a statutory obligation (i.e direction by way of an Act of Parliament).
Statutory Undertakers (Railways, water transport, canal, electricity operators, gas, water and sewerage and telecommunications
Under the 1999 Regulations a statutory undertaker (or contractor working on behalf of the undertaker) does not need to obtain the council's consent before carrying out work on a protected tree on the undertakers operational land if required.
In the interests of safety
Inspection repairing or renewing apparatus.
This page was last updated on 19 June 2009